Posting of workers: the new measures of the law “Avenir professionnel”in France

The new law Avenir professionnel which passed 5 September 2018, brings changes for the posting of employees. It strengthens the sanctions against posting fraud but eases employers’ obligations to report posted employees.

What are the changes made with the law “Avenir professionnel”?

A change of the ceiling of the administrative fines applied to the employer, which goes from 2000 € to 4000 € per employee in case of a breach, and from 4000 € to 8000 € in case of offense found in a period of 2 years.

The client now has a duty of care regarding the payment of the employer’s fines for seconding employees, obliging him to verify at the conclusion of the contract that the employer has no unpaid fines.

The DIRECCTE (administration of work in France) has the right to prohibit the service provision of the company that has not paid its administrative fines imposed for non-compliance with the posting rules. If the company does not comply with this prohibition decision, it will be required to pay a new fine of up to 10,000 € per dependent employee concerned.

If the company makes recurrent secondments, the administration can adapt some of the obligations of a company for the posting of its employees.

Name & Shame’s obligation for some illegal work cases:

The spread of a “blacklist” of companies convicted of illegal labor will become mandatory in some of the illegal work. For example, the companies that have committed an offense of illegal band work against minors subject to compulsory schooling or any known person in a state of dependence and vulnerability.

For more information about your rights and penalties, visit our website dedicated to the posting of workers www.soposting-worker.com.

Many companies established outside the European Union seek our services to recover VAT paid in France on business expenses, such as transport, exhibitions, importation etc.
As an illustration of this topic, we shall consider the case of a Swiss company which has incurred expenses in France and which submits a VAT refund request to the French tax authority following its participation in a business fair.